Case Digest: Air France v. Rafael Carrascoso and CA, GR No. L-21438

Air France v. Rafael Carrascoso and CA, GR No. L-21438, Sept 28, 1966

Subject: Transportation Law

 

FACTS

Rafael Carrascoso (Carrascoso) saw a Pilgrim that left Manila for Lourdes. Air France, through his authorized agent, Philippine Airlines (PAL) issued a first class ticket to Carrascoso destined from Manila to Rome. Already seated, the manager of the airline forced Carrascoso to vacate his first class seat and to move to tourist as a white man would be replacing him in his seat as he allegedly had a better right. The incident was witnessed by Ernesto Cuento (Cuento). Carrascoso was reluctant to part with his seat however, he was forced to vacate after a heated argument, and thus suffered humiliation and embarrassment. Not wanting to experience another set of inconveniences, he instead rode with Pan American Airlines for the return trip.

ISSUE

Whether Air France is liable for damages upon breach of contract of carriage.

RULING

Yes, Air France is liable for damages.

Under the law, a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

In this case, evidence shows that the defendant violated its contract of transportation with plaintiff in bad faith. Carrascoso was removed from his seat and was transferred to a tourist class seat against his when the defendant’s employee considered the white man has the better right to the first-class seat even though Carrascoso has paid for a first-class ticket. Plaintiff contends that he suffered anxiety, shame and social humiliation from the incident. SC held that the contract to transport passengers is quite different in kind and degree from any other contractual relation because of the relation which an air-carrier sustains with the public. It invites people to avail of the comforts and advantages it offers. The contract of air carriage, therefore, generates a relation attended with a public duty. Neglect or malfeasance of the carrier's employees, naturally, could give ground for an action for damages. Passengers do not contract merely for transportation. They have a right to be treated by the carrier's employees with kindness, respect, courtesy and due consideration. They are entitled to be protected against personal misconduct, injurious language, indignities and abuses from such employees. So it is, that any rule or discourteous conduct on the part of employees towards a passenger gives the latter an action for damages against the carrier.